The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-07

mentary or legal principle could he be. by the
Senate which elected him, foisted upon this
body. In my opinion, this Senate has the right
to elect and choose de novo, Its own President
pro tenn. / vote no"
Mr. Campbell-I vote "nc," and want to saw
that while recognize the right of the members
in the majority to elect President pro tenn. we
were expecting they would put their candidate
in nomination. cali the ROLL and by vote viva
voce elect their man. Had they done the mi
noritv would have acted in the same orderly
manner. Of course the majority elect by
resolution if they choose. If they can accom-
pilsh any more In that way than by viva voce
vote. am not able to see it.
The Presiding Oficer-The yeas are thirty,
the nays are nineteen; the motion prevails.
The question is upon the adoption of the resolu
tion many In favor of the resolution
will say AYE" as many of contrary
| opinion say mo" The ayes seem to have it
| the ayes have it; the motion is carried. Senator
| Smith, from the counties of Jackson and Jen-
nings, is recognized and elected President of
| the Senate of Indiana. Applause.
| A motion from the Democratic side made
| that the vote by which the resolution
| adopted be reconsidered, and that the motion be
| laid the table.
| The latter motion was agreed to, by q strict
| party vote. on call of the yeas and NAYS.
resolution adopted by a party vote,
| under the stress of the previous question, that
| the House OF Representatives be informed of the
| organization of the Senate
Mr. Bailey-1 desire to move the adoption of
|
ment of the Senate. and. upon that motion,
| move the previous question.
Mr. Winter rise to point of order.
The Chair mr.. Smith1-We are acting under
| demand for the previous question
Mr.. Winter-The point Of order desire to
make is one arising from the question before the
| Senate l insist it is question of the highest
privilege. [Reads from Jefferson's Manual,
The Chair-I win hear you, not recognizing
that You have the right to make point of order.
Mr. Winter-The point of order that pro-
| pose to raise relates to rules numbered and Is,
! and which provide that in a certain contingency
| the President of the Senate shall be superseded
and that his duties shall devolve upon the Sec
rotary of the Senate, which would be violation
| of the Constitution and it is not proper for the
| Senate. by resolution, to abrogate constitu-
| tional rule.
The Chair-The point of order is not we'll
| taken.
Mr.. De Motel rise to a parliamentary in
quiry. It is a custom in the administration of
| criminal law to allow man under conviction to
state any reason, If he has any, why ne should
| not be punished
The Chair-Is that your objection as to
! whether judgment shall not be pronounced
Mr.. DeMotte-It is also the custom, when a
| criminal stands on the scafold, that he is al
lowed chance to speak Is it parliamentary
| to suppress any expression from the minority on
| this floor, and leave to them only the right of
Drotests
Mr. Winter desire to appeal from that de-
The Chair-That is out of order, for the rea-
son that we operating under the previous
question. The question is Does the Senate sec
ond the demand for the previous question:
The demand was seconded by a viva voce vote.
Mr. Campbell demanded a division of the ques
ton
Mr.. Sellers-A motion for division of the
question is not applicable. We are acting under
tho operation of the previous question. The
motion is that these rules as whole be adopted.
Now there can be no division of the question.
make that point OF order.
The Char-The point of order is sustained
Mr.. Winter-With the permission Of the
Chair, l desire to state briefly why I think the
motion for division OF the question is in or
der. The former rules, Of tins Senate provide
that at any time member has right to de-
mand separation of the question. The rules
of the Senate of the United States cpon this sub
ject will be regarded as good authority. lReads.
In Jeferson's Manual the same proposition il
laid down on page 242 Reads The PROPOSE
ton of the Senator from White Mr.. Sellersl
that these rules be adopted a whole is sus
, ceptible of division and demand for division
| is in order
, The Chair-The Chair sustained the point OF
of order not for the reason but at some time
such a motion would not be right. but the motor
; was not made at the proper time The time IL
passed, for we are now operating under the pre-
vious question. The question is, shall the mali
8 question be putt
, The demand for the previous question wa
seconded by yeas 80 nays 49,
Mr. Cam pbell-I now ask for division of tn,
question, that we may vote upon the rules sep
arately.
The Chair-I think the previous questio,
touches all along the line
Mr. Winter desire to appeal from that de
csion to the Senate.
: The Chair-We are operating under the previ
: | Gus question. The appeal is out of order. Tn
question is on the adoption Of the rules.
=, They were adopted-by yeas 20, nays 49,
} Messrs. Weir and Winter we're appointed
committee the part of the Senate to wal
" upon the Governor and inform him Of the OF
| ganizaton.
= Mr.. Shively offered q resolution, which wa
afterward adopted, requesting ministers of tn
city to open the daily proceedings with prayer
| Adjourned until P. NJ.
Afternoon Session.
Ro;1o &au ILL., h